These terms and conditions (the “Terms”) stipulate the requirements which users must comply when using the platform called “WIRTUAL” provided by W JAMES VENTURES (the “Company”, “we”), as well as the rights and obligations arising between the Company and the User (“User”, “you”).
By using “WIRTUAL”, browsing and/or reading the application/software including website, products and any services provided by us on the Platform (collectively referred as the “Platform”), this signifies that you have read, understood and agreed to be bound by all terms and conditions set forth under this Terms. If you do not agree with any of terms and conditions specified under this Terms, you must cease usage of the Platform, or any of its related services, immediately.
1.Registration and Account
1.1 In order to use the Platform or participate in any activities or challenges hosted by us, you must register and create the account on the Platform (“Sign-Up”). You agree that the Company may use any acquired information and data received from you to provide services on the Platform that you access or use and as otherwise set forth in this Terms. It is a condition of your use on the Platform that all the information you provide to us during your Sign-Up or purchase of products or services on the Platform are accurate, correct and up to date. In addition, you agree to maintain and promptly update your information on the Platform, and you acknowledge that any false information provided by you shall entitle the Company to terminate your account and this Terms, suspend your use of the Platform or to disqualified you from any activities or events hosted by the Company.
1.2 You shall have the sole responsibility to maintain confidentiality of the username and password that you create and use for log-in to the Platform and you agree to accept the responsibilities for all activities which may occur under your account. We endeavor to use reasonable security measures to protect against unauthorized access to your account. However, we do not guarantee absolute security of your account and any information provided by you on the Platform and we make no warranty that our security will prevent third party hackers from illegal accessing the Platform. You agree to immediately notify the Company of any unauthorized used or any other breach of security.
1.3 By register and create the account on the Platform, you agreed to be bound by this Terms and any amendment to this Terms that may be made in the future by the Company. Including but not limited to a user can only be entitled to have only one account.
2.1 Upon your completion in Sign-Up on the Platform, you will be provided with the e-wallet features for storing cryptocurrencies and Non-Fungible Token (NFT) (“Crypto e-wallet”). The Crypto e-wallet provided on the Platform will be used for store, trade between the Platform’s users and for receive a cryptocurrency that the Company issued as a gift or rewards when you participate in any events or activities hosted by the Company on the Platform.
2.2 You shall have the sole responsibility to maintain security of your Crypto e-wallet and all transaction of cryptocurrencies that occurred under your Crypto e-wallet, whether conducted by you or any other person, during the use of the Platform. In addition, you shall have the sole responsibility for any loss, compromise or theft by unauthorized access that occurred to your Crypto e-wallet and the Company shall not be responsible for any damage or compensation arise from such incidents.
2.3 When you participate in any activities or events hosted by the Company on the Platform, whether a free events or events that require a purchase of tickets, the Company may issue a reward as crypto currencies or NFT to directly to your Crypto e-wallet upon the completion of verification process by the Company.
3.Use of the Platform
3.1 The Platform provided by the Company to use for the purposes of wellness and fitness activities tracking of users for assisting with keeping records. The Platform can be compatible to work with wearable device, Details for supported wearable device will be announced by the Company on the Platform from time to time.
3.2 Throughout the use of the Platform, the Company will host events, challenges or competition for all users on the Platform to participate, in which the participants will receive a reward from the Company. The detail and qualifications of events, challenges or events will be announced on the Platform and may be changed from time to time.
3.3 Some events, challenges or competition may subject require “ticket” before participating in such events, challenges or competition. The ticket can be purchased by using your account on the Platform.
3.4 The Platform is not a medical treatment or healthcare services, and the Company reserves the right not to be responsible for any health or medical issues you faced during the use of the Platform. If you need any specific of wellness or fitness consultation, please consult with your physician or medical profession before using the Platform.
4.Payments and Fees
4.1 For any payments on the Platform, such as purchase of products or services you placed an order on the Platform, exclusive features or ticket for participating in events or activities hosted by the Company, you must designate and provide information about your preferred payment method. If you provide your payment information, you agreed and authorize us and certain third-party service providers, payment card networks and payment gateway providers to receive, store, encrypt your payment information. No refunds or credits will be provided by the Company, other than as set forth in this Terms.
4.2 The payment for any order placed on the Platform shall be paid via the channels specified by the Company.
4.3 In order to access some features, activities or challenges on the Platform, you may be required to pay fees or purchase for a ticket along with any required tax. You agree to pay the fees and other charges occur in connection with your account on the Platform, whether on a one-time or any other basis. The Company reserves the right to increase fees, any associated taxes, or to institute new fees at any time without prior notification.
4.4 The Company reserves the right to refuse any order you placed on the Platform and, in the Company sole discretion, limit or cancel quantities purchased per person or per order.
4.5 In certain circumstance, the Company may require you to submit proof of your completed payment before the Company deliver purchased products, services or tickets to you.
5.Use of Content
By using the Platform, you grant the Company the irrevocable, free, non-exclusive, and unlimited right to use all content generated, transmitted, saved and published by you on the Platform. Accordingly, the Company shall have the right to use, irrespective of the type of usage, all content as part of the Platform and any other activities of the Company. This shall include the right to change, edit or delete such content. In this connection, you waive, to the extent legally permissible, all intellectual property rights regarding to such content that you voluntary generated or transmitted on the Platform. The Company reserves the right (not an obligation) to monitor your usage and/or revoke your access to the content at any time and for any reason in its sole discretion.
However, the Company shall not be responsible for any contents, including but not limited to, any errors or omissions in any contents created by you or other users on the Platform. By using the Platform, you acknowledge that you are entirely responsible for all content that you create, transmit, post, publish or otherwise make available on the Platform.
6.Ownership of Content
Apart from the content posted on the Platform by you, all the content on the Platform including texts, software, graphics, photos, sounds, music, videos, any aggregated data on the Platform and any other contents (“Content”) is proprietary to the Company and its licensors and is protected under applicable copyrights and other intellectual property laws. The Company does not grant you a license or any ownership rights to any trademarks, service marks or any other intellectual property through your access or usage of the Platform. Unauthorized usage of the Content may constitute the right for the Company to terminate this Terms and a breach of intellectual property laws which may subject you to charges and penalties by the law.
By using the Platform, you agree to comply with the following conditions:
(a) You must truthfully provide any information related to your use of the Platform and warrant that the provided information will always be accurate, correct and up to date.
(b) You must use the Platform for the purposes and in accordance with this Terms.
(c) You agree to use the Platform only for the purpose that are permitted under this Terms and any applicable law, regulation or guidelines in the relevant jurisdictions.
(d) You have the sole responsibility for protecting the confidentiality of username and password associated to your account and your Crypto e-wallet while using the Platform. Unauthorized use or your misconduct in using the Platform may result in termination of this Term and the immediate cancellation of the use of the Platform.
(e) You agree to promptly notify the Company of any unauthorized use or any breach of the Platform’s security of which you have become aware.
(f) You agree not to use, publish, transmit, distribute or store content, information or any data that is illegal, including but not limited to, harmful, violating any intellectual property rights and containing of misleading information.
(g) You agree not to use the Platform for unlawful purposes or in a way that may violate other user’s rights or against the laws in your jurisdiction.
(h) You agree not to use, copy, modify, create a derivative work, reverse engineering, decompile or otherwise attempt to extract the source code of the software underlying the Platform or any part thereof.
(i) You agree not to use the Platform in connection with any inappropriate commercial purposes except those that are expressly approved by the Company.
(j) You shall have responsible for any charges or payments occurred from your placed orders or any activities you have participated on the Platform.
(k) You understand and agree that use of certain features on the Platform may require you to purchase or synced the Platform with third-party equipment or materials (e.g., GPS system or wearable device) and the Company shall have no responsibility for your use of third-party equipment or materials and does not guarantee that third-party equipment or materials will always be available on the Platform.
(m) You agreed not to interfere with or circumvent the security features of the Platform. We reserve the right to terminate this Term and cancel your use of the Platform for your violation.
(n) You acknowledge that you will not be able to access and use certain features or services of the Platform unless you have internet connection. All traffic charges or access charges incurred due to the use of the internet are subject to your agreed terms with your mobile network provider, and we shall not be liable for data traffic charges incurred by you, either in full or in part.
To the fullest extent permitted by law in your jurisdiction:
(a) The Platform is provided to you “as is” and on an “as available” basis without any warranties of any kind. The Company disclaims all warranties, including but not limited to, the warranty of merchantability, noninfringement of proprietary or third-party rights, and the warranty of fitness for particular purpose.
(b) The Platform may include features that promote physical activity, nutrition or general wellness. Those provided features are only for your informational purpose and are not intended as a medical advice or healthcare services, or for diagnostic or treatment purposes.
(c) You expressly agree that you shall consider the risk and consult with your physician or medical professional before engaging in any physical activities or activities that involve physical activities hosted on the Platform. The Company shall not be responsible for any injuries or damages arising from your use or inability to use of the Platform.
(d) The Company makes no warranty that the Platform will operate error-free or uninterrupted or the Platform is free from viruses or other harmful goods and the Company does not make any representation about the accuracy, safety, reliability, completeness of the Platform, Content and any data contained on the Platform.
(e) The Company makes no warranty that the Platform will meet your requirement and other material purchased or obtained by you through the Platform will meet your expectations.
(f) The Company shall use reasonable efforts to protect information or data submitted by you in connection with your use of the Platform, but you agree that your submission of such information or data is at your sole risk. In addition, you acknowledge that the Company makes no warranty that the information or data submitted by you are not tracked, recorded or distorted by any third parties and you hereby release the Company from any and all liability to you for any loss or liability relating to such information in any way.
9.Limitation of Liability
9.1 You expressly understand and agree that the Company, its licensors, business partners, and suppliers shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to, any lost profit or lost data of any kind arising out of or relating to your use of the Platform, the inability to use, including but not limited to, its content or functionality.
9.2 Notwithstanding the foregoing, the Company’s total liability shall not exceed the amount you paid the Company specifically for the Platform or related products, service or tickets.
9.3 The above mentioned limitations, exclusions, and disclaimers in this Terms shall apply to the maximum extent permitted by applicable law, even if remedy fails its essential purpose.
9.4 Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages, so these limitations or exclusions may not apply to you.
10.Personal Data Protection
11.Third- Party Applications
11.1 On the Company’s Platform, you may be able to download, link or connect with third-party applications through your usage of the Platform and available features provided by the Company. The Company shall not be responsible for and make no representations or warranties regarding the content, functionality or compliance with any applicable laws or regulations of these third-party applications.
11.2 The use of third-party applications and content shall subject to separate terms and conditions and privacy policies, which will be subject to responsible of such third party that you use their application. Please carefully read and review terms and conditions and privacy policies of third-party applications before you use them.
By using the Platform, you agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, costs including but not limited to attorney’s fees, arising from or relating in any way to your use of the Platform or any willful misconduct on your part.
Except as set forth in this Terms, all payments, once they are paid, are non-refundable. You agree that the Company will only provide you with a full refund of payment paid for products, services or tickets on the Platform, with its sole discretion, only in the event that the payments is proceeded due to error occurred from the Company’s actions, or the error occurred from the payment system. If you have a question or need more information about our refund policy, please contact us at email@example.com
14.1 Each user shall have the right to terminate the account by ceasing your use on the Platform and delete your account or any related software provided by the Company at any time.
14.2 The Company reserves the right to terminate this Terms, your account and suspend your access to all the Content on the Platform at any time, in its sole discretion, without notice if you breach any provisions of this Terms or any applicable laws. You acknowledge and understand that the Company shall not be liable to you or any third parties for any termination of your account or suspension of your access to the Platform due to your violation of this Terms.
14.3 Upon the termination of this Terms and your account, you shall not be able to access the Platform or participate in any activities or events hosted by the Company on the Platform and all outstanding payment (if any) shall be payable to the Company or the Company may cancel those pending order you placed on the Platform. The Company shall not be liable for any damage or compensation for cancellation of your placed order after terminating this Terms and your account.
14.4 By You. You may terminate your Account at any time, for any reason or no reason, by contacting firstname.lastname@example.org.
15.Changes of this Terms
15.1 The Company reserves the right to amend any terms and conditions of this Terms at any time and for any reasons in its sole discretion. By continuing to access or use the Platform, you are agreeing to be bound by the modified Terms with no objection.
15.2 The Company and its third-party service providers may make improvements and/or changes in the Platform, including but not limited to, services, features, and prices described at any time and for any reason in its sole discretion. You agree that the Company shall not be liable for any modification, suspension and discontinuance of the Platform.
You may not assign, delegate, or transfer any of its rights or obligations under this Terms to any person without the prior written consent of the Company. Any attempt by you to assign, delegate or transfer these terms and conditions, without such content, shall be null.
No failure by the Company in enforcing any right, power, privilege or provision of this Terms shall constitute a waiver by the Company. The Waiver of any such right, power, privilege or provisions of this Terms will only be effective if in writing and signed by a duly authorized representative of the Company.
The provisions of this Terms are severable. If any provisions of this Terms become or shall be invalid, illegal or unenforceable by reason of any applicable law, the validity, legality or enforceability of the remaining provisions shall continue in full force and effect to the fullest extent permitted by applicable law in your jurisdiction.
19.Governing Law and Dispute Resolution
This Terms is governed by the laws of the jurisdiction where you are located while using the Platform, without regard to its conflict of law provision. All disputes which may arise hereunder, out of or in connection with this Terms and use of the Platform which cannot be solved amicably, it shall be subject to arbitration proceedings by Thailand Arbitration Center (THAC) in Thailand. The decision made by THAC shall be final judgement for any dispute arise out of this Terms.
If you have any questions about the Terms, you may contact us at following details.
W JAMES VENTURES
Address: Block 28 Creative & Startup Village 926 Building C, Room no. C210-C212, Soi Chula 7 Rama IV, Road, Wangmai, Pathumwan, Bangkok, Thailand 10330